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Probate

Can an Irrevocable Trust be Modified by the Court if the Trust is Disqualifying a Beneficiary from Medicaid or Other Public Benefits

By Probate

If an irrevocable trust is not serving the best interests of the qualified beneficiaries, then it can be modified by the court in a judicial modification proceeding. For example, if the terms of a trust disqualify a beneficiary from public benefits such as Medicaid, judicial modification may be necessary to alter the trust’s provisions to maintain a beneficiary’s eligibility for public benefits.

To discuss the process for seeking a judicial modification to an irrevocable trust, contact Bach, Jacobs, & Byrne at (941) 906-1231.

September 11, 2026
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Do Beneficiaries Get Notified if an Irrevocable Trust Is Modified by the Court

By Probate

It is required by Florida law that the qualified beneficiaries of irrevocable receive notice of any request for modification to the trust. Each beneficiary will have the opportunity to object to proposal modifications prior to the applicable deadline.

If you need to seek a judicial modification to an irrevocable trust, contact Bach, Jacobs, & Byrne at (941) 906-1231.

September 4, 2026
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Why Might I Need to Seek Judicial Modifications to an Irrevocable Trust

By Probate

There can be many circumstances that require an irrevocable trust to be changed. The reasons that call for that depend on the purposes for which the trust was created. Grounds for judicial modification of an irrevocable trust include:

  • Changes to Trust Distributions: A trust might need to be changed to better serve the beneficiary’s needs. This includes distributing the assets sooner to the next generation or adding restrictions to protect assets when a beneficiary has excessive spending habits, substance abuse issues, or special needs.
  • Replacing or Changing Trustee Responsibilities: If the trustee responsible does not satisfy the beneficiaries’ needs, an irrevocable trust can be changed to allow for the appointment of a different trustee or division of responsibilities.
  • Changes in Tax Laws: Trusts are often drafted based on prior federal tax laws which can change over time. Modifying the trust to reflect current tax laws will help preserve tax benefits, improve estate planning, reduce tax liability, or ensure the trust remains within the IRS regulations.
  • Correcting Drafting Errors or Ambiguous Language: Simple mistakes in a trust document regarding spelling and language can be remedied by a judicial modification.

If you need to seek a judicial modification to an irrevocable trust, contact Bach, Jacobs, & Byrne at (941) 906-1231.

August 28, 2026
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New Florida Bond and Reporting Requirements for Estate Curators

By Estate Planning, Probate

Recently enacted changes to Florida’s Probate Code effective July 1, 2026, alter the bond and court-reporting requirements due to the curator law. Now, a curator must post a reasonable bond unless the court determines that the bond requirement must be waived. The amount of the bond is set by the court based on responsibilities of the curator and circumstances of the estate. This bond requirement does not include banks and trust companies appointed as curators.

If you are seeking to administer an estate in Florida, contact Bach, Jacobs, & Byrne, P.A. at (941) 906-1231.

August 14, 2026
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How Florida Probate Law Expands Court Authority to Appoint Curators of Estates

By Estate Planning, Probate

Effective July 1, 2026, Florida probate courts are allowed more flexibility when appointing curators. Curators are court-appointed fiduciaries who serve to temporarily protect or manage estate property during the time when no personal representative has been appointed. They may also manage estate property when the personal representative appointed cannot continue serving or must be replaced.

The new law empowers probate courts to:

  • Appoint a curator at any time, with notice to interested persons as the court considers appropriate.
  • Appoint a curator without prior notice when there is a significant risk that estate assets may be wasted, destroyed, concealed, or removed from the court’s jurisdiction and providing notice would delay the appointment.
  • Appoint a curator in other appropriate circumstances when necessary to protect the estate or preserve the rights of the decedent’s heirs.

These 2026 Florida probate law changes give the courts greater flexibility in protecting estates during the probate process, especially during times when immediate action is necessary or prior to a personal representative being appointed. This expansion in authority ensures the security of the estate assets during the progression of the administration of the estate.

If you are seeking to administer an estate in Florida, contact the attorneys at Bach, Jacobs, & Byrne, P.A. at (941) 906-1231.

August 7, 2026
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New Florida Probate Laws Taking Effect in 2026

By Probate

Beginning July 1, 2026, significant Florida probate law changes took effect, bringing major updates to the Florida Probate Code. The new laws are designed to simplify the probate process, expand eligibility for Florida summary administration, increase small-estate thresholds, strengthen the authority of personal representatives, improve access to safe-deposit boxes, and provide probate courts with greater flexibility when appointing curators.

The 2026 amendments, enacted through CS/HB 1337 (Chapter 2026-57, Laws of Florida) and CS/HB 131 (Chapter 2026-85, Laws of Florida), represent some of the most important updates to Florida probate laws in years. These changes are expected to help many families settle estates more quickly, reduce administrative burdens, and improve the overall efficiency of the Florida probate process.

If you are the named personal representative in someone’s will or wish to be appointed personal representative of an estate, contact Bach, Jacobs, & Byrne, P.A. at (941) 906-1231.

July 24, 2026
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My Dead Relative Received a Stimulus Check. How Do I Return It?

By Elder Law, Government Benefits, Probate, Tax Law

According to the IRS, stimulus payment made to someone who died before receiving it should be returned to the government. If the payment was made to a single filer, the entire payment should be returned. If the payment was made to joint filers, and one spouse had not died before the receipt of the payment, only the portion of the payment made on account of the decedent should be returned. This amount will be $1,200.00, unless the joint adjusted gross income exceeded $150,000.00.

If the payment was a paper check and you have not cashed it:

  1. Write “Void” in the endorsement section on the back of the check.
  2. Mail the voided Treasure check to the appropriate IRS location, based on your state of residence. This information can be found at https://www.irs.gov/coronavirus/economic-impact-payment-information-center#more. If you live in Florida, the check should be mailed to:

         Austin Internal Revenue Service

3651 S. Interregional Hwy

Austin, TX 78741

  1. Do not staple, bend, or paperclip the check.
  2. Include a note stating the reason for returning the check.

If the payment was a direct deposit, or if the payment was a paper check and you have cashed it:

  1. Submit a personal check, money order, etc., payable to “U.S. Treasury,” immediately to the appropriate IRS location, based on your state of residence. This information can be found at https://www.irs.gov/coronavirus/economic-impact-payment-information-center#more. If you live in Florida, the check should be mailed to:

         Austin Internal Revenue Service

3651 S. Interregional Hwy

Austin, TX 78741

  1. Write “2020EIP” and the deceased recipient’s social security number on the memo line of the check.
  2. Include a brief explanation of the reason for returning the payment.

Fred Jacobs is a Florida Board Certified Tax Lawyer.  Contact Fred at Bach, Jacobs & Byrne, P.A. to discuss tax planning for you and your family. Call (941) 906-1231 to schedule an appointment.

May 20, 2020
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My Dead Relative Received a Stimulus Check. Can I keep it?

By Government Benefits, Probate

There have been a number of glitches in sending stimulus payments to Americans under the recently enacted CARES Act, including sending stimulus payments, which are intended to ease the financial stress caused by the Coronavirus, to dead people. Initially, this issue left many unanswered questions for the relatives of the deceased. What should I do with the money? Do I get to keep it? Should it be deposited into an estate account? Should I send it back? However, now, the IRS has issued specific guidance on what to do if you receive a stimulus check for a deceased person.

According to the recently released guidance, the IRS says that a stimulus payment made to someone who died before receiving  should be returned to the government. If the payment was made to a single filer, the entire payment should be returned. If the payment was made to joint filers, and one spouse had not died before the receipt of the payment, only the portion of the payment made on account of the decedent should be returned. This amount will be $1,200.00, unless the joint adjusted gross income exceeded $150,000.00.

Fred Jacobs is a Florida Board Certified Tax Lawyer.  Contact Fred at Bach, Jacobs & Byrne, P.A. to discuss tax planning for you and your family. Call (941) 906-1231 to schedule an appointment.

May 19, 2020
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What happens to my assets in foreign countries when I die?

By Elder Law, Estate Planning, Probate

The probate procedures in every country are unique, and different inheritance laws can clash. Usually, when an individual dies leaving assets in multiple countries, it is necessary to obtain a Grant of Probate or similar document in each of the countries where assets remain. A probate attorney from the foreign country is often consulted in tandem with a domestic probate attorney, too – this can help streamline the probate process and ensure that the probates in each country do not undermine each other.

To plan for an estate that will likely have foreign assets, a foreign codicil to a domestic Will may be drafted, as well. This is a document which acts as a supplement to an original Will which accounts for the immovable assets (i.e. real property) remaining in a foreign country. Or, one may look into drafting a formal Will in the foreign country, being careful to specify which assets the new Will is addressing and to reference the original domestic Will. Whether one uses a foreign codicil or drafts a separate foreign Will, it is important to acknowledge the foreign assets so as to avoid leaving them subject to intestacy rules.

For advice and guidance in creating your Will(s) and planning for your estate, especially if you own foreign assets, contact the highly-trained and dedicated attorneys of Bach, Jacobs & Byrne, P.A. Call us at (941) 906-1231 to set up a consultation.

July 9, 2019
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What is summary administration in Florida?

By Estate Planning, Probate

Summary administration is a form of probate which is generally less time-intensive and less expensive than a full probate. Pursuant to the Florida Probate Code, the following conditions must be met for an estate to qualify for summary administration:

  • The gross value of the probate estate does not exceed $75,000, or
  • The decedent has been dead less than two years

If the Will does not include a direct instruction to conduct a formal probate, a petition with the court may be filed requesting summary administration, if either of the two factors above apply to the situation. This petition can be filed by any beneficiary of the Will or any individual nominated to serve as personal representative in the Will, and it must be signed or joined in by the surviving spouse (if any). If the court accepts the petition, it may order the assets to be immediately distributed to the designated beneficiaries, presuming all creditors have been paid or will be paid.

For guidance through the probate process and for assistance drafting a petition for summary administration, contact the elder law and trust & estate attorneys of Bach, Jacobs & Byrne, P.A. at (941) 906-1231.

July 5, 2019
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